Q&As

Under the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015, is it necessary for a commercial landlord to commission new energy performance certificate’s when a lease is granted pursuant to the Landlord and Tenant Act 1954 and one does not already exist?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Last updated on 07/05/2020

The following Property Q&A produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • Under the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015, is it necessary for a commercial landlord to commission new energy performance certificate’s when a lease is granted pursuant to the Landlord and Tenant Act 1954 and one does not already exist?

Under the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015, is it necessary for a commercial landlord to commission new energy performance certificate’s when a lease is granted pursuant to the Landlord and Tenant Act 1954 and one does not already exist?

For the purpose of this Q&A we have assumed that the leases referred to are business leases which are to be renewed under the security of tenure provisions in the Landlord and Tenant Act 1954 (LTA 1954).

The Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 (EE(PRP) 2015), SI 2015/962 make provision for minimum energy efficiency standards in the rental sector. This includes commercial rental premises. From 1 April 2018, if the relevant premises has an energy performance certificate (EPC) rating of F or G, a landlord will be unable to let the premises on a new tenancy or let the property on such a tenancy as a result of an extension or renewal of an existing tenancy, unless an exemption applies or has been registered, or there are no relevant energy efficiency improvements that can be made or those improvements have been made: see, generally, EE(PRP) 2015, SI 2015/962, regs 27 to 29. From 1 April 2023, compliance will be required for existing lets rather than just new lets.

The relevant property must be a ‘non-domestic PR property’ as defined in

Related documents:
Key definition:
Energy efficiency definition
What does Energy efficiency mean?

Reducing energy consumption while still maintaining similar levels of output or performance. This is usually achieves by reducing wasted energy or increasing the power efficiency of appliances.

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